Judge Hearing Obama Ballot Challenge

U.S. President Barack Obama delivers remarks about the Department of Homeland Security's recent announcement about deportation of illegal immigrants in the Rose Garden at the White House June 15, 2012 in Washington, DC. With the DREAM Act unable to gain traction in Congress, Obama announced that his administration would stop deporting some young people who came to U.S. as children of illegal immigrants.File photo of President Barack Obama. (Photo by Alex Wong/Getty Images)

TALLAHASSEE (AP) — A judge is holding a hearing on a ballot challenge alleging President Barack Obama is not a “natural born citizen.”

The plaintiff represented by conservative legal activist Larry Klayman questions Obama’s birth certificate showing he was born in Hawaii. It also argues that even if Obama was born in the United States he still is not a natural citizen because his father was a foreign national.

Lawyers for the president and Florida Department of State are asking Circuit Judge Terry Lewis to dismiss the case Monday.

They say the suit challenging Obama’s placement on the 2012 Florida ballot as the Democratic presidential nominee fails to state a cause of action because he hasn’t yet been nominated.

The suit describes plaintiff Michael Voeltz, as being a registered Democrat.